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447.45(d)(2), 42 CFR 447.45(d)(3), 42 CFR 447.45(d)(5) and 42 CFR 447.45(d)(6), as maybe <br />amended from time to time. To be compliant with both payment standards, Carrier shall pay 95 <br />percent of Clean Claims within thirty (30) calendar days of receipt, 95 percent of all Claims <br />within sixty (60) calendar days of receipt and 99 percent of Clean Claims within ninety (90) <br />calendar days of receipt; provided, however, that Carrier and Provider may agree to a different <br />payment requirement in writing on an individual Claim. If a third party liability exists, payment <br />of Claims shall be determined in accordance with federal and/or State third party liability law <br />and the terms of the State Contract. Unless Carrier otherwise requests assistance from Provider, <br />Carrier will be responsible for third party collections in accordance with the terms of the State <br />Contract. <br />5.2 No Incentives to Limit Medically Necessary Services. Carrier shall not structure compensation <br />provided to individuals or entities that conduct utilization management and concurrent review <br />activities so as to provide incentives for the individual or entity to deny, limit, or discontinue <br />Medically Necessary services to any Covered Person. <br />5.3 Provider Discrimination Prohibition. In accordance with 42 CFR 438.12 and 438.21.4(c), <br />Carrier shall not discriminate with respect to the participation, reimbursement or indemnification <br />of a provider who is acting within the scope of such provider's license or certification under <br />applicable State law, solely on the basis of such license or certification. Further, Carrier shall not <br />discriminate with respect to the participation, reimbursement or indemnification of any provider <br />who serves high -risk Covered Persons or specializes in conditions requiring costly treatments. <br />This provision shall not be construed as prohibiting Carrier from limiting a provider's <br />participation to the extent necessary to meet the needs of Covered Persons. This provision also is <br />not intended and shall not interfere with measures established by Carrier that are designed to <br />maintain quality of care practice standards and control costs. <br />5.4 Communications with Covered Persons. Carrier shall not prohibit or otherwise restrict <br />Provider, when acting within the lawful scope of practice, from advising or advocating on behalf <br />of a Covered Person for the following: <br />i) The Covered Person's health status, medical care, or treatment options, including any <br />alternative treatment that may be self-administered; <br />ii) Any information the Covered Person needs in order to decide among all relevant <br />treatment options; <br />iii) The risks, benefits, and consequences of treatment or non -treatment; or <br />iv) The Covered Person's right to participate in decisions regarding his or her health care, <br />including the right to refuse treatment, and to express preferences about future treatment <br />decisions. <br />Carrier also shall not prohibit a Provider from advocating on behalf of a Covered Person in any <br />grievance system, utilization review process, or individual authorization process to obtain <br />necessary health care services. <br />5.5 Grievance & Appeals. Carrier will supply Provider with information regarding Carrier's <br />grievance and appeals system, including: (a) the toll -free numbers to file oral grievances and <br />appeals; (b) the availability of assistance in filing a grievance or appeal; (c) a Covered Person's <br />rights to request continuation of benefits during an appeal or hearing and, if Carrier's action is <br />upheld, the Covered Person's responsibility to pay for the cost of the benefits received for the <br />first 60 calendar days after the appeal or hearing request was received; (d) a Covered Person's <br />right to file grievances and appeals and the requirements and timeframes for filing, to include the <br />Uh'C/STATE PROGRAMS REGAPX WA.02.25 <br />41 <br />